§ 1083. Limitations on Disciplinary Actions.

The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations:

(a) If an inmate is on disciplinary isolation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary isolation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented.

(b) The disciplinary isolation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24 hour period.

(c) Penal Code Section 4019.5 expressly prohibits the delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other inmate or group of inmates.

(d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary purposes.

(e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as specified in Section 1265 of these regulations.

(f) Food shall not be withheld as a disciplinary measure.

(g) The disciplinary isolation diet described in section 1247 of these regulations shall only be utilized for major violations of institutional rules.

(1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on the disciplinary isolation diet and ensure that medical staff is notified.

(2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet every 72 hours after the initial placement.

(h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager.

(i) In no case shall access to courts and legal counsel be suspended as a disciplinary measure.

HISTORY

1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).

2. Change without regulatory effect (Register 86, No. 32).

3. Change without regulatory effect of subsections (c) and (e) pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).

4. Editorial correction to NOTE(Register 91, No. 32).

5. Amendment of subsections (c)-(e) and (i) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).

6. Change without regulatory effect amending subsections (c) and (e) filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).

7. Repealer of subsection (a), subsection relettering, and amendment of newly designated subsections (a) and (g) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).

8. Amendment of subsections (b), (d) and (i) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).

9. Amendment of subsections (b) and (d) and new subsections (g)(1)-(2) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).

10. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).

11. Amendment of first paragraph, subsection (a) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).

Note

Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.